Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations 35535

Coast Guard expects the economic

impact of this final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the minimal time that vessels

will be restricted from the zone, that

marine traffic will still be able to transit

through the East River, and advance

notifications which will be made.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

For reasons discussed in the

Regulatory Evaluation above, the Coast

Guard certifies under section 605(b) of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) that this final rule will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq).

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 and has determined that this final

rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

The Coast Guard has considered the

environmental impact of this final rule

and concluded that under Figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicated under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. Add temporary § 165.T01–070 to

read as follows:

§ 165.T01–070 Safety Zone: Independence

Day Celebration Fireworks, Wards island,

East River, New York.

(a) Location. The following area is a

safety zone: all waters of the East River

within a 150 yard radius of the land

shoot at Wards Island, New York in

approximate position 40° 46′ 55.5′′N

073° 55′ 33′′W (NAD 1983),

approximately 200 yards northeast of

the Triboro Bridge.

(b) Effective period. This section is

effective from 8:45 p.m. until 10:15 p.m.

on Wednesday, July 1, 1998.

(c) Regulations. (1) The general

regulations contained in 33 CFR 165.23

apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.

Dated: June 16, 1998.

L.M. Brooks,

Captain, U.S. Coast Guard, Captain of the

Port, New York Acting.

[FR Doc. 98–17369 Filed 6–29–98; 8:45 am]

BILLING CODE 4910–15–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH103–2; FRL–6116–9]

Approval and Promulgation of

Implementation Plans; Ohio

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: This document contains

corrections to a final rule published on

March 30, 1998, which approved sulfur

dioxide emission limits for the Sun Oil

Company located in Lucas County,

Ohio.

EFFECTIVE DATE: June 30, 1998.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, at (312) 886–6036.

SUPPLEMENTARY INFORMATION: On March

30, 1998 (63 FR 15091), EPA approved

the Ohio Environmental Protection

Agency’s December 9, 1996 request to

incorporate site specific sulfur dioxide

emission limits for the Sun Oil facility

located in Lucas County, Ohio into the

Ohio State Implementation Plan. Two

errors were made in codifying EPA’s

approval. Specifically, EPA intended to

delete the existing references to this Sun

Oil facility at 40 CFR 52.1881(a)(4) and

(8). Unfortunately the references to this

Sun Oil facility were not removed from

§§ 52.1881 (a)(4) and (8) when these

paragraphs were published beginning at

the bottom of the third column on page

15093 and finishing in the second

column on page 15094. An additional

error identified in paragraph (a)(4) is

that Bergstrom Paper is erroneously

listed twice as an exception to EPA’s

approval of the sulfur dioxide emission

limits for Montgomery County. This

technical correction removes the Sun

Oil references at 40 CFR 52.1881(a)(4)

and (8) and the duplicate Bergstrom

Paper entry at paragraph(a)(4).

Need for Correction

The failure to remove references to

Sun Oil Company’s Lucas County

facility from §§ 52.1881(a)(4) and (8)

incorrectly indicates that this facility is

not subject to the requirements

contained in these paragraphs. The

deletion of the duplicate Bergstrom

Paper entry will clarify the Montgomery

County codification. EPA is publishing

this action to correct these errors.

Administrative Procedure Act

This action will be effective

immediately upon publication in the

Federal Register pursuant to the

Administrative Procedure Act, 5 U.S.C.

553(d)(1) and (3)(APA) for good cause.

This action which merely corrects

codification errors made in EPA’s

approval of a sulfur dioxide emission

limit for Sun Oil’s Lucas County facility

and a similar typographical error is too

minor to be of interest to the general

public. Holding a public comment

period on this action is unnecessary.

The thirty day delay of the effective date

of this action generally required by the

APA is unwarranted in that it does not

serve the public interest to

unnecessarily delay the effective date of

this action.
35536 Federal Register / Vol. 63, No. 125 /Tuesday, June 30, 1998 /Rules and Regulations

A. Executive Order 12866

Under Executive Order 12866, this

action is not a ‘‘significant regulatory

action’’ and is therefore not subject to

review by the Office of Management and

Budget. In addition this action does not

impose annual costs of $100 million or

more, will not significantly or uniquely

affect small governments, and is not a

significant Federal intergovernmental

mandate. The EPA thus has no

obligations under sections 202, 203, 204

and 205 of the Unfunded Mandates

Reform Act. Moreover, since this action

is not subject to notice-and-comment

requirements under the APA or any

other statute, it is not subject to sections

603 or 604 of the Regulatory Flexibility

Act.

B. Children’s Health Protection

This rule is not subject to E.O. 13045,

entitled ‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ (62 FR 19885, April 23, 1997),

because it does not involve decisions on

environmental health risks or safety

risks that may disproportionately affect

children.

C. Submission to Congress and the

General Accounting Office

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1966, generally provides

that before a rule may take affect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. However, section

808 provides that any rule for which the

issuing agency for good cause finds (and

incorporates the finding and a brief

statement of reasons therefor in the rule)

that notice and public procedure

thereon are impracticable, unnecessary

or contrary to the public interest, shall

take effect at such time as the agency

promulgating the rule determines. 5

U.S.C. 808(2). As stated previously, EPA

has made such a good cause finding,

including the reasons therefor, and

established an effective date of June 30,

1998. The EPA will submit a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the United

States prior to publication of this rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Sulfur dioxide.

Dated: June 18, 1998.

Gail C. Ginsberg,

Acting Regional Administrator.

For the reasons stated in the

preamble, § 52.1881 of part 52, chapter

I, title 40 of the Code of Federal

Regulations published at 63 FR15091

March 30, 1998, is corrected as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart KK—Ohio

2. Section 52.1881 is amended by

correcting paragraphs (a)(4) and (a)(8) to

read as follows:

§ 52.1881 Control strategy: Sulfur dioxide.

(a) * * *

(4) Approval—EPA approves the

sulfur dioxide emission limits for the

following counties: Adams County

(except Dayton Power & Light—Stuart),

Allen County (except Cairo Chemical),

Ashland County, Ashtabula County,

Athens County, Auglaize County,

Belmont County, Brown County, Carroll

County, Champaign County, Clark

County, Clermont County, (except

Cincinnati Gas & Electric—Beckjord),

Clinton County, Columbiana County,

Coshocton County (except Columbus &

Southern Ohio Electric—Conesville),

Crawford County, Darke County,

Defiance County, Delaware County, Erie

County, Fairfield County, Fayette

County, Fulton County, Gallia County,

(except Ohio Valley Electric Company—

Kyger Creek and Ohio Power—Gavin),

Geauga County, Greene County,

Guernsey County, Hamilton County,

Hancock County, Hardin County,

Harrison County, Henry County,

Highland County, Hocking County,

Holmes County, Huron County, Jackson

County, Jefferson County, Knox County,

Lake County (except Ohio Rubber,

Cleveland Electric Illuminating

Company—Eastlake, and Painesville

Municipal Boiler #5), Lawrence County

(except Allied Chemical—South Point),

Licking County, Logan County, Lorain

County (except Ohio Edison—

Edgewater, Cleveland Electric

Illuminating Company—Avon Lake,

U.S. Steel—Lorain, and B.F. Goodrich),

Lucas County (except Gulf Oil

Company, Coulton Chemical Company,

and Phillips Chemical Company),

Madison County, Marion County,

Medina County, Meigs County, Mercer

County, Miami County, Monroe County,

Morgan County, Montgomery County

(except Bergstrom Paper and Miami

Paper), Morrow County, Muskingum

County, Noble County, Ottawa County,

Paulding County, Perry County,

Pickaway County, Pike County (except

Portsmouth Gaseous Diffusion Plant),

Portage County, Preble County, Putnam

County, Richland County, Ross County

(except Mead Corporation), Sandusky

County (except Martin Marietta

Chemicals), Scioto County, Seneca

County, Shelby County, Trumbull

County, Tuscarawas County, Union

County, Van Wert County, Vinton

County, Warren County, Washington

County (except Shell Chemical

Company), Wayne County, Williams

County, Wood County (except Libbey—

Owens—Ford Plants Nos. 4 and 8 and

No. 6), and Wyandot County.

* * * * *

(8) No Action—EPA is neither

approving nor disapproving the

emission limitations for the following

counties or sources pending further

review: Adams County (Dayton Power &

Light-Stuart), Allen County (Cairo

Chemical), Butler County, Clermont

County (Cincinnati Gas & Electric—

Beckjord), Coshocton County (Columbus

& Southern Ohio Electric—Conesville),

Cuyahoga County, Franklin County,

Gallia County (Ohio Valley Electric

Company—Kyger Creek and Ohio

Power—Gavin), Lake County (Ohio

Rubber, Cleveland Electric Illuminating

Company—Eastlake, and Painesville

Municipal—Boiler #5), Lawrence

County (Allied Chemical—South Point),

Lorain County (Ohio Edison—

Edgewater Plant, Cleveland Electric

Illuminating Company—Avon Lake,

U.S. Steel—Lorain, and B.F. Goodrich),

Lucas County (Gulf Oil Company,

Coulton Chemical Company, and

Phillips Chemical Company), Mahoning

County, Montgomery County (Bergstrom

Paper and Miami Paper), Pike County

(Portsmouth Gaseous Diffusion Plant),

Stark County, Washington County (Shell

Chemical Company), and Wood County

(Libbey—Owens—Ford Plants Nos. 4

and 8 and No. 6).

* * * * *

[FR Doc. 98–17115 Filed 6–29–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[LA45–1–7383, FRL–6116–8]

Approval and Promulgation of Air

Quality State Implementation Plans,

Louisiana; Correction

AGENCY: Environmental Protection

Agency (EPA).